Litigation Danger Zone—When You and Your Board Get Sued

AGENDA 3:00—3:25 p.m. - Registration Welcome - 3:25—3:30 p.m. 3:30—3:50 p.m. Role of Inside Counsel To Help When Civil Litigation Occurs Against Board Member This session will use a case study and will be heavy into practical advice. • Responding to board member request for legal advice if litigation threatened or suit filed • Are there co-defendants? Management? Other board members? • Who is your client? • Potential conflicts • Preserving attorney-client privilege 3:50—4:05 p.m. • Limits of what in-house counsel can/should do • If lawyer is the board member—Outside counsel/Inside counsel 4:05—4:20 p.m. • D&O Insurance—Be sure indemnity terms are in the policy • Working with outside counsel • Joint Defense Agreement 4:20—4:30 p.m. Group audience discussion 4:30—4:40 p.m. What to Do When In-House Counsel is Himself/Herself Sued? This session will discuss the trending reality of lawsuits brought against in-house counsel directly. • Preserving the bright line between acting as legal advisor vs. acting as business decision maker/business advisor • Importance of Professional Liability Insurance 4:50—5:00 p.m. • Practical group discussion on how to stay out of the litigation danger zone 5:00 p.m. Question discussion time for anyone who can stay Presenters: Michael Flowers, Of Counsel, Director of Diversity and Inclusion; Melanie Morgan Norris, Of Counsel; and James Carpenter, Member —Steptoe & Johnson PLLC Continuing Legal Education: This course is pending approval by the Supreme Court of Ohio Commission on Continuing Legal Education for 1.5 total CLE general credit hours. Cancellation Policy: Cancellations must be received in the CO-ACC office by Friday, November 15, 2019. Parking: Parking is available in the Huntington Center Parking Garage. Our law firm-sponsored events are open to CO-ACC members, prospective CO-ACC members, and guests of the sponsoring firm. Membership ineligibility includes attorneys presently working in law firms. ACC membership is open to individuals who are engaged in the active practice of law employed by organizations in either the private or public sector, do not have regulatory, enforcement or policymaking responsibilities nor work in an institution with such authority, and do not hold themselves out to the public for the practice of law.